2020 (12) TMI 1173

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....mber (J) And Chocklingram Thirunavukkarasu, Member (T) For the Appellant : Monaal J. Davawala, Advocate ORDER Manorama Kumari, Member (J) 1. The instant application bearing number IA 295 of 2020 in CP(IB) No. 366 of 2018, is filed by the Applicant under Section 42 & 60(5) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "IB Code") with prayer for admission of cla....

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....RP") namely, Mr. Divyesh Desai. 2.3 The CIRP period expired on 19.04.2019 and thereafter, further 90 days beyond 180 days was extended vide order dated 18.04.2019. 2.4 Since, no Resolution Plan has been received by RP during the CIRP period, RP filed an application under Section 33 of the IB Code for Liquidation of the Corporate Debtor. The Liquidation of the Corporate Debtor was passed by t....

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....on of its claim vide E-mail dated 28.05.2020. The Respondent, while replying to his mail, rejected the claim stating that the claim is time barred vide his E-mail dated 01.06.2020. 2.8 Applicant further pleaded that the statutory publication under IB Code was made in Ahmedabad editions, whereas, their office is situated in New Delhi. Applicant also stated that due to pandemic situation since De....

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....ission of claims was 31.10.2019. In view of the above stated facts, the application is not maintainable under the following grounds: i. Claim is submitted at the belated stage i.e. 22.05.2020 whereas the last date of submission of claim was 31.10.2019. ii. The plea of pandemic taken by the Applicant is frivolous as there was no restriction regarding pandemic in the end of 2019. ....